“Title IX prohibits discrimination on the basis of sex, not gender identity."
According to an article in BuzzFeed, The Department of Education (DoE) will not pursue complaints of mistreatment of trans students when it comes to using the restroom of which they most identify.
The publication says they have been in touch with the DoE for several weeks trying to bolster their position on the subject.
Whatever their stance had been could only be assumed until Thursday when DoE spokesperson Liz Hill confirmed that transgender people did not have civil rights for restroom usage under Title IX, “yes, that’s what the law says,” she told the publication.
She explained further: “Title IX prohibits discrimination on the basis of sex, not gender identity.”
Although the department will still investigate some complaints concerning trans folks, the bathroom issue won’t be one of them.
“Where students, including transgender students, are penalized or harassed for failing to conform to sex-based stereotypes, that is sex discrimination prohibited by Title IX,” Hill said. “In the case of bathrooms, however, long-standing regulations provide that separating facilities on the basis of sex is not a form of discrimination prohibited by Title IX.”
Human Rights Campaign (HRC) Director Sarah Warbelow said in a statement:
“While civil rights advocates have suspected that the Department of Education was not acting on complaints brought forward by transgender students, reports that these violations are completely being ignored are reprehensible.”
She adds: “The department’s failure to act conflicts with the law in multiple jurisdictions, including federal circuits, and further emboldens those who seek to discriminate against transgender students. Once again, Secretary DeVos proves she is not interested in protecting transgender students and instead is choosing to advance the dangerous Trump-Pence anti-LGBTQ agenda.”
The Department of Education, under the leadership of Secretary Betsy DeVos has long been criticized for trying to undermine transgender people's civil rights laws since President Trump came into office. Last February, Trump withdrew an Obama guidance that served to federally protect transgender students.